Abstract

The article discusses judicial activism in the light of research into the attitudes of English judges, and a comparator group of US judges, towards judicial selection, judicial training and sentencing practice. Noting commonalities and shared perspectives, it is argued that the findings indicate enduring features of occupational culture that originate in relations within the legal workgroup and the practical craft of judging. Against the context of highly conventional attitudes, a conservative form of judicial activism is found in respect of resistance to legislative and policy innovation.